Terms and conditions of the service

Conditions of use and hiring Blue Banana Brand SL

Last update: 13 January 2021

Acceptance

This online shop, BLUE BANANA BLUE BANANA, is available to any user, for their own consumption, and subject to the following terms and conditions: These conditions of use and contracting (hereinafter CUC), our policy of Privacy and Cookie policy. When you use BANANA BLUE you accept these CUC and the rest of terms and conditions. This will make you commit to not using this site for illegal purposes. On the other hand, we inform you that for legal reasons we file the electronic documents that are formalized the purchases. You will be able to access these documents at any time, from your profile or request at info@bluebananabrand.com

Description of the service

When you access our website first you will see a black banner in which we give you 3 important data:

• That at this time orders with an amount greater than €65 are free. Keep in mind that this is something that we can change or delete, so always prevail what is shown on our website.
• The icons of the shopping cart, access to your profile and the search Magnifier. Just below that banner you will find a navigation bar from where you can access the different pages that make up our website. At the time of the creation of this document we have these:

• Sweatshirts
• Hoodies
• T-Shirts
• Accessories
• About us
• Help

As you may have guessed if you click on sweatshirts, hoodies or T-shirts you can see our catalog of each of these types of products, for example, if you click on sweatshirts you can choose between one of our three kinds of sweatshirts: Banana Edition, Junior or Ethnic. On the accessories page you can find our selection of caps and socks and we also put at your disposal a photo of the product accompanied by its description and price. Remember that every certain time we can change our catalogue of products and/or their price and that these will be only those shown on this website. Although we will try that that does not happen, at the moment when you try to buy one of the products that we offer, it is exhausted or not available, in that case you won't be able to buy it, but you can always access the help section and follow the following steps In our virtual Assistant:

1. I want information
2. Within the section what can we help you with? Click on the option "Are you going to replenish stock?"
3. To the question have we resolved your question? Answer "No"
4. Fill out the form explaining your case
5. Send it, read it beforehand and accept our privacy policy. We will try to respond as soon as possible and you may be lucky and you can buy that product. If you want to know more about who are behind Blue Banana and its history, from its beginnings to the present time, then click on the US button.

Finally if you want to get in touch with us either to obtain information about our products and services or to say that something has not gone well in your process of buying our products click on the button help. When you enter this page will load our assistant who will guide you through the different steps to get the information you need or solve your issue. If you continue scrolling down you will be able to see different photos and directly access the catalog of some of our products.

Finally in the footer you will find:

• A box of information through which you can subscribe to our newsletter and so we can keep you informed about our promotions, discounts and interesting news about us.
• Links to the legal texts of this website.
• You will be able to find the icons of our social networks.
• You can also see the icons of the means of payment that we accept: American Express, JC, Maestro, MasterCard, PayPal and VISA.

External links

You may be sent to other websites via links from this website. However, BLUE BANANA does not control those sites or their content, which in fact are subject to their own terms and conditions. Therefore, BLUE BANANA is not responsible for the quality, veracity or accuracy of these sites.

Age

You declare that you are of age and that you have the necessary legal capacity to link you to this agreement and use the service in accordance with these CUC, which you understand and recognize in its entirety. You declare that all the information provided to access the service, before and during its use, is true, complete and accurate.

Intellectual and industrial property

The content and information of the service (among other data, text, sound, image or computer code), as well as the infrastructure used to provide such content and information, is owned by BLUE BANANA or has the authorizations corresponding to their use. In addition, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation are prohibited for commercial or equivalent purposes of the service. For any other use of the content of the service you need our prior written consent.

User Content

You can contribute to the service in various ways, such as participating in competitions that we organize, send creative ideas or photos, or make suggestions (hereinafter "content").

We can use your content in different ways, such as: show it on the website, reformat it, translate it into other languages, edit it to provide clarity, correct grammatical errors, create derivative works from it, promote it or distribute it.

Therefore, by sending us content you grant to BLUE BANANA a license of worldwide use, not exclusive, free, until the withdrawal of the content, transferable and sublicensable on that content. That means the content is still yours, but BLUE BANANA, thanks to this use license, can:

Use, reproduce, modify, adapt, translate, distribute and publish the content, create derivative works from it, show it and display it throughout the world, by any known means and for any legitimate purpose; and b) Use the name you send in relation to that content.

Validity of the Offer

The products offered at BLUE BANANA, and their prices, will be available for purchase while they are in the product catalog displayed through the online store. In any case, we, BLUE BANANA, reserve the right to make the modifications that we consider appropriate, being able to update our products and services according to the market. The prices that appear on the web are subject to change.

BLUE BANANA reserves the right to change prices without prior notice. However, upon receipt of the order confirmation, the prices payable for that order will not be affected.

We inform you that despite the updates we make to the prices of the products we offer on this website, these could contain errors. We will promptly correct all errors that appear, but shall not be binding.

Security

As stated above, the entire sales procedure, as well as the transmission of your personal data and those of the credit card, are made on a secure page and encrypted by means of the SSL protocol.

Amendments and nullity

We will be able to update these terms and conditions in the future. We will inform you about these changes by placing a notice in a prominent place on our website and/or by email. If any clause included in these CUC is declared, wholly or partly, null or void, it will only affect that provision or part thereof which is null or ineffective. Will persist the CUC in everything else, having such a disposition, or the part of it that is affected, not put.

Claims and actions derived from the contract

This agreement is governed by Spanish law. In order to simplify the resolution of claims by the civil way and to reduce costs, we do not exclude the possibility of submitting to an arbitration of fairness of the Court of Arbitration of the Chamber of Commerce, Industry and services of Madrid. In this respect, and according to the applicable regulations, we inform you of the existence of a European platform for the resolution of online litigation that facilitates the extrajudicial resolution of such litigation for contracts also held online between consumers and Internet service providers. This platform can be accessed through the following Web page: Http://ec.europa.eu/odr

Customer Service

For any clarification, incidence or claim, you can contact us through:

• Email: info@bluebananabrand.com
• Help section of our website.

About our Social Media games

T&Cs of Mariona Pujol TikTok 2021 (link to PDF)

T&Cs Infinite Adventures Instagram 2021 (link to PDF)

T&Cs of Aquatech raffle (link a PDF)

T&Cs of Don't do it raffle (link a PDF)

Promotions

Use of promotional codes

• Users are allowed to use only one promotional code per order (it is not possible to use two promotional codes in the same purchase).
• Each promotional code can only be used once per user.
• The validity of promotional codes is limited exclusively to their use on the official Blue Banana website, unless otherwise indicated in the communication in which they are announced.
• Promotional codes will be valid until the date indicated in the communication in which they are announced (mailings, social networks, customer service channels…) In the absence of an explicit date, Blue Banana reserves the right to cancel any code without prior notice.
• The codes associated to creators will remain active until the termination of the relationship with such creators or until they publish a new code, which will immediately activate the new code, replacing the previous one.
• The general conditions of purchase, exchanges and returns will automatically apply to any order in which a promotional code has been used.
• Promotional codes cannot be redeemed for cash.
• Each code will be subject to specific conditions that will apply solely to that code and must be duly explained in the communications in which they are announced.

Security measures

We adopt all the technical and organizational measures necessary to protect the security and integrity of personal and non-personal information collected. Both in the face of unauthorized access and accidental alteration, loss or destruction. The sending and referral of data that you make through the service, is protected by electronic security techniques on the network such as the SSL protocol. Also, the information provided and stored in our databases is also protected by security systems that prevent access to them by unauthorized third parties. We make our best efforts to have the most up-to-date systems for the effectiveness of these security mechanisms. In addition, we store personal and non-personal information for as long as it allows and requires regulations. The one that is not needed is periodically destroyed. Despite the foregoing, we cannot guarantee the absolute security of the information collected, so you must collaborate and use at all times common sense about the information shared.

Gift Card Conditions

The card is valid on all Web products, including shipping costs.

No expiration date.

The amount you do not spend on the first use will be saved for the next purchase.

Returns only to the person who buys it and as long as it has not been used.

Changes in the Privacy policy

We will be able to update this privacy policy in the future. We will inform you about your changes by sending a notice to the email address provided and/or placing a notice in a prominent place on our website.

Contact

If you have any doubts about this privacy policy, please contact us by sending an email to info@bluebananabrand.com

Purchasing Process

Select your Products

As we want to put it as easy as possible for you to select your product follow these steps:

1. Click on the image of the desired product(s). Information about each product: We are totally transparent with you. That's why you will find all the information about each product. Like this:

• Sweatshirt: you will know its price, available sizes, composition and care.
• Hoodies: you will know their price, available sizes, composition and care.
• T-shirts: you will know their price, available sizes, composition and care.
• Hats: you will know their price, design, details, composition and size.
• Socks: you will know their price, available sizes, composition and care.

This information on each garment is accompanied by a brief description of the product.

2. Select your size from which we have available, currently are: XS, S, L, M, XL, XXL.

If you don't know exactly what your size is, we'll help you figure it out. To do so, simply click on the "Find your size" button. A pop-up window will be displayed where we automatically provide you with our size recommendation via a form. In any case, we also have size guides for all our garments.

3. Choose the amount of each product you want to buy.

4. Click the "Add to Cart" button. Repeat this process as many times as necessary until you have chosen and added to the cart all the products you wish to buy. Similarly, if after choosing a product finally do not want to buy just click on the icon of the cart and then "remove" the product.

Give us your personal information so we can issue the invoice and send your products

Once you have finished choosing your products, click on the cart icon and then on the "Finish Order" button. A new screen will appear where you will have to give us your contact details and the necessary information so that we can issue your invoice if you request it:

Contact Details: We need you to provide us with a valid email address and a mailing address where to send your order. If after completing the purchase process you want to change the delivery address of the order:

1. Head to our Help page.
2. Start our Help wizard.
3. Select the "I have an incident" option.
4. Select "I want a return".
5. Fill in the form that we put at your disposal.
6. Press the Send button.

If the package has not yet left our warehouse, we can modify it without any problem. If, on the contrary, your order has already left our premises, we will have to talk to our shipping agency (GLS), so that they can modify it and redirect your order to the new address. Please note that this procedure may cause your order to be delayed for a couple of days.

Billing and payment data:

• Means of payment: We currently accept credit card (Visa, Maestro, American Express, Maestro...) or PayPal as payment methods. In our transactions are secure and encrypted.
• Billing Address: You have to tell us if the address we have to reflect on the invoice is the same as to where we send the product or another. By default, you will be shown as pre-selected "The same shipping address", but if you want to use a different one you have to click on "Use a different billing address"; A form will be displayed that you need to fill in. Finally click on the "Check the order" button to make sure you have filled in all the fields correctly.

Shipping cost, discount and final price

Shipping Costs:

• Spain (peninsula): Currently if your order is over 65 euros you will have free shipping. If the amount of your order is less than or equal to 65 euros the standard shipping costs (2 to 4 days) will be 3.90 euros. This period may be longer in times of sales, Black Friday or specific promotions. If you choose the express shipping, the costs will be 6,90€ regardless of the price of your order.
• Europe: For shipments not made within the Iberian Peninsula, the shipping price will be calculated at checkout, depending on the shipping destination.
• Discount: If you have any discount to be applied you have to introduce it in the corresponding box of the checkout, after adding your products to the cart. You will be able to identify it easily because you will be able to read in the field to be filled in "Gift card or discount code". After introducing it, click on the "Use" button and it will be applied automatically modifying the amount of your order.
• Final price: The final price of your order will be the result of adding up the amount of each of the items. However, this final price will be modified according to 2 circumstances ‣ if you have to pay or not the shipping costs and if you have any discount.

Important: The prices of all our products are in euros (€) and include the applicable taxes (VAT). Shipping costs are independent of any return requested at a later stage.

Delivery of the product

At the moment you make the purchase you will receive a confirmation e-mail and we will get to work so that you receive your order as soon as possible. As soon as it leaves our warehouse, GLS will send you an e-mail informing you of the time frame in which your package will be delivered the next day, so you will be informed at all times of the status of your order. The average delivery time is 2 to 4 working days if the place of shipment is within the Peninsula*. This period may be longer in times of sales, Black Friday or specific promotions.

If you do not receive your order within this time frame, please contact us at info@bluebananabrand.com or through our help desk, which you can find on our Help page, and we will sort it out with our shipping agency as soon as we can.

*We offer "Same Day Delivery" with the courier Sending for shipments in Madrid. Thus, orders with this shipping method placed between Monday and Friday before 12.00 noon will arrive the same day between 16.00 and 20.00. If they are ordered between Monday and Thursday after 12.00 noon, they will arrive the following day between 16.00 and 20.00. And if they are made between Friday at noon and Sunday at midnight; on Monday between 16.00 and 20.00.

Return policy, exchanges, cancellations and modifications of the order

Returns will be free of charge in the following destinations:  Spain and Portugal; Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland, France, Greece, Croatia, Hungary, Ireland, Ialuia, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Romania, Sweden, Slovenia, Slovakia.

In all cases, only the amount of the returned item(s) will be refunded, excluding shipping costs.

Returns: So that you can return the products you have bought us you will only have to:

1. Keep the garments in perfect condition, without having been washed or worn, as well as with their original label.
2. Go to our Help page.
3. Start our Help wizard.
4. Select the "I have an incident" option.
5. Select "I want a return".
6. Fill in the form that we put at your disposal.
7. Press the Send button.

Any return requested outside the European Union is to be made at the customer's expense and cost. This includes transportation costs and import taxes of the country of destination (Spain), which must be submitted within 30 days from the date of the purchase of the product. Once the customer has made the payment of both costs and we receive the product in our warehouse in compliance with the conditions set out above, we will refund the remaining credit amount.

The exchanges are free and will only be available for Spain and Portugal.

Exchanges: So that you can exchange the products you have bought us you will only have to:

1. Keep the garments in perfect condition, without having been washed or worn, as well as with their original label.
2. Go to our Help page.
3. Start our Help wizard.
4. Select the "I have an incident" option.
5. Select "I want an exchange".
6. Fill in the form that we put at your disposal.
7. Press the Send button.

Policy on second exchanges: In case of a second exchange request, you will have to pay 5€.

Cancellations: If you want to cancel your order follow these steps:

1. Head to our Help page.
2. Start our Help wizard.
3. Select the "I have an incident" option.
4. Select "I want cancel my order".
5. Fill in the form that we put at your disposal.
6. Press the Send button. If your order has not yet left our warehouse, we will be able to refund your order and cancel it.

On the other hand, if your order has already left the warehouse, we will check its status and tell you how to proceed.

Modification of a product or size of my order: If you want to modify a product or a size of your order follow these steps:

1. Head to our Help page.
2. Start our Help wizard.
3. Select the "I have an incident" option.
4. Select "I want to modify a product or size of my order".
5. Fill in the form that we put at your disposal.
6. Press the Send button. In all these situations we will try to solve your problem as quickly as possible.

In any case, all the rights that the laws in force guarantee you as a consumer and user are guaranteed.

Information collected automatically

This information will consist of:

• The collected by cookies or similar mechanisms stored on your device, always with your consent. Check our cookie policy for more information.
• The IP from which the connection is made, the type of device used and its characteristics, the version of the operating system, the type of browser, the language, the date, the country, the time of the request, the reference URL or the mobile network used (among others).
• Service usage data and possible errors detected during use.
• Data on your physical location using different technologies: GPS signals sent by a mobile device or information about Wi-Fi hotspots or nearest mobile phone antennas. In any case, these data are always compiled according to the privacy settings of your device.
• In addition, BLUE BANANA uses the following services:

• Google Analytics, an analytical service provided by Google, Inc. Headquartered in the United States with headquarters at 1600 Amphitheatre Parkway, Mountain View, California 94043. For the provision of these services, they use cookies that collect the information, including the user's IP address, which will be transmitted, processed and stored by Google in the terms posted on the Web www.google.com. Including the possible transmission of such information to third parties for reasons of legal requirement or when such third parties process the information on Google's account. In any case, you can disable Google analytics cookies from here.
• Google Drive, for data storage in the cloud.
• Shopify, a service provided by Shopify INC, headquartered in C/O intertrust Ireland, 2nd Floor 1-2 Victoria buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.

The one you provide voluntarily

This information will consist of:

• The information, personal or not, that could contain the messages sent through the contact channels established in the service, for example your name, surname, email or your phone number. We use Gmail as a service for email management.
• The email you provide to enroll in our newsletter. If you use the email of a third party, you acknowledge having your consent to do so.
• The information you provide when you decide to participate in one of our draws. We use EASYPROMOS to manage these events.

That we obtain through other services:

Fundamentally through social networks, like Instagram or Facebook. We have profiles in the social networks Instagram and Facebook, being Bluebabanabrand responsible for the treatment in relation to the data published in them. These data will be treated according to the social network allow the corporate profiles. In no case will we extract data from social networks, unless the user's consent to do so is obtained punctually and expressly. When due to the nature of the social networks, exercising your rights depends on the modification of your profile, we will help and advise to the extent of our possibilities.

Age

As for the use of the online store, you declare that you are of age and have the legal capacity necessary to link you to this agreement and use the site in accordance with its terms and conditions, which you understand and recognise in its entirety. You declare that all the information you provide to access the service, before and during its use, is true, complete and accurate.